§ 5/2-624 Requirements for Claims Based Upon Apparent or Ostensible Agency

Codes > Illinois Compiled Statutes > Chapter 735 > Act 5 : Article II > Part 6 : 5/2-624 Requirements

§ 2-624. Requirements for Claims Based Upon Apparent or Ostensible Agency.

    In any action, whether in tort, contract, or otherwise, in which the plaintiff seeks damages for bodily injuries or death by reason of medical, hospital, or other healing art malpractice, to state a claim based upon apparent or ostensible agency, a party must allege with specific facts and prove the following:

    (i) that the alleged principal affirmatively represented to the party that the alleged agent was the alleged principal's actual agent;

    (ii) that the party reasonably relied upon the alleged principal's representations that the alleged agent was the alleged principal's actual agent; and

    (iii) that a reasonable person would not have sought goods or services from the alleged principal if that person was aware that the alleged agent was not the alleged principal's actual agent.

    A party basing a claim upon apparent or ostensible agency shall prove these elements by a preponderance of the evidence.

    This amendatory Act of 1995 applies to causes of action filed on or after its effective date.

    VALIDITY

    Public Act 89-7, which added this section, has been held unconstitutional in its entirety by the Illinois Supreme Court in the case of Best v. Taylor Machine Works, 1997, 689 N.E.2d 1057, 228 Ill.Dec. 636, 179 Ill.2d 367.